Which amendment of the Indian Constitution abolished the Right to Property as a Fundamental Right?
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The Right to Property was initially a Fundamental Right under Article 31 of the Indian Constitution.
44th Amendment Act (1978) abolished the Right to Property as a Fundamental Right.
It was a response to the changing socio-economic needs and equitable distribution of resources.
After the amendment, the Right to Property became a legal right under Article 300A, meaning it is still protected by the Constitution but not as a Fundamental Right.
Impact: The amendment balanced individual property rights with the state’s authority to acquire property for public purposes.
Aiming to facilitate land reforms and social justice initiatives without the strict constraints of fair compensation and public use.
Significance: The 44th Amendment reflected India’s commitment to “social welfare and economic redistribution.”
It ensured legal safeguards for property owners while empowering the state to enact policies for broader public welfare.
This amendment marked significant moment in Indian constitutional history, changing the Right to Property from a Fundamental Right to a legal right under Article 300A, aligning with changing societal and economic priorities.
The 44th Amendment to the Indian Constitution, enacted in 1978, abolished the Right to Property as a Fundamental Right. Specifically, it deleted Article 19(1)(f) and Article 31 from the Constitution, which had guaranteed the right to property and the right to compensation in case of acquisition of property by the state.
However, the right to property was re-introduced as a constitutional right under Article 300-A, which provides that “persons not being citizens of India shall not be deemed to be deprived of any property merely because they do not possess citizenship of India”.
Additionally, the 44th Amendment also inserted a new provision, Article 300-A, which provides that “no person shall be deprived of his property save by authority of law”. This provision ensures that the state can acquire property only through a legal process and not arbitrarily.
It’s worth noting that while the right to property is no longer a fundamental right, it is still a constitutional right and is protected under various provisions of the Constitution and laws.